نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Purpose: The purpose of this research is to examine and analyze the unanimous decision of the 822nd General Board of the Supreme Court, with an emphasis on jurisprudential and legal evidence.The following: The crime of changing the use of cultivated lands and gardens was a matter of disagreement among jurists and judges as to whether it was "immediate" or "continuous." The General Assembly of the Supreme Court of the Republic of Iran ended these disagreements among the courts by issuing a unanimous decision on this matter on June 31, 1401 AH, and by recognizing the crime of changing the use of lands as immediate.Although the unanimous decision of the General Panel of the Supreme Court of the Republic of Iran, which included the statute of limitations from the date of completion of the land use change operation, is acceptable, there is a serious objection to the part of the decision that considers the crime of land use change to be "instantmmon in practice and are foreseen in the regulations.Examples of land use change are actions that cannot be carried out all at once and instantaneously and require a period of time, even a short one. In this article, while providing a definition of the types of crimes in terms of the time of occurrence, different views were raised regarding the application of the crime of land use change - the subject of the unanimous decision of the Supreme Court - to each of these crimes.And in a general conclusion, we can say: the crime of land use change is a continuous crime and is realized over time, and is subject to the passage of time from the date of cessation of continuity (the end of the land use change operation).
کلیدواژهها English